Harlow v. Fitzgerald

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Harlow v. Fitzgerald
Seal of the United States Supreme Court
Argued November 30, 1981
Decided June 24, 1982
Full case nameBryce Harlow, et al. v. A. Ernest Fitzgerald
Citations457 U.S. 800 (more)
102 S. Ct. 2727; 73 L. Ed. 2d 396; 1982 U.S. LEXIS 139
Case history
PriorCert. to the United States Court of Appeals for the District of Columbia Circuit
Holding
Presidential aides were not entitled to absolute immunity, but instead deserved qualified immunity.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinions
MajorityPowell, joined by Brennan, White, Marshall, Blackmun, Rehnquist, Stevens, O'Connor
ConcurrenceBrennan, joined by Marshall, Blackmun
ConcurrenceBrennan, White, Marshall, Blackmun
ConcurrenceBlackmun
ConcurrenceRehnquist
DissentBurger

Harlow v. Fitzgerald, 457 U.S. 800 (1982), was a case decided by the United States Supreme Court involving the doctrines of qualified immunity and absolute immunity. The case held that the aides were generally entitled to qualified immunity; however, an aide could obtain absolute immunity but must "first show that the responsibilities of his office embraced a function so sensitive as to require a total shield from liability. He must then demonstrate that he was discharging the protected function when performing the act for which liability is asserted."

Despite its immediate application to White House aides in the case at bar, the case is regarded as most importance for its clarification of the qualified immunity standard that is applicable to government actors more generally. The Court held that "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known"

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